Welcome to Socially Aware

Socially Aware is devoted to the law and business of social media, proactively addressing emerging issues and keeping our clients informed of new developments. We cover fields such as artificial intelligence, privacy and data security, Section 230, intellectual property, and much more.

December 16, 2012 - Trademark, Section 230 Safe Harbor, IP, Litigation
Google AdWords Decision Highlights Contours of the CDA Section 230 Safe Harbor
In a string of cases against Google, approximately 20 separate plaintiffs have claimed that, through advertisements on its AdWords service, Google engaged in trademark infringement. These claims have been based on Google allowing its advertisers to use their competitors’ trademarks in Google-generated online advertisements.
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December 09, 2012 - FCC, Litigation
FCC Rules That Opt-Out Confirmation Text Messages Do Not Violate the TCPA
By: Tiffany Cheung and Julie O'Neill
Waves of class actions have recently alleged that the delivery of an opt-out confirmation text message violates the Telephone Consumer Protection Act (TCPA). Thus, a Federal Communications Commission (“Commission”) Declaratory Ruling finding that a single opt-out confirmation text does not violate the TCPA comes
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December 05, 2012 - Litigation
PeopleBrowsr Wins Round One Against Twitter
By: J. Alexander Lawrence
The Superior Court of the State of California has entered a temporary restraining order requiring Twitter to continue to provide PeopleBrowsr with access to the Firehose, Twitter’s complete stream of all public tweets. Through the Firehose, Twitter provides third-party access to over 400 million
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December 03, 2012 - Litigation
Which Side Are You On? Employers and Employees Battle Over Ownership of Social Media Accounts
When an employee uses a social media account to promote his or her company, who keeps that account when the employee leaves? Perhaps more importantly, who keeps the friends, followers and connections associated with that account? Three lawsuits highlight the challenges an employer may
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November 21, 2012 - Infographic, Statistics
Infographic: The Growing Impact of Social Media
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November 11, 2012 - FTC, Privacy
California A.G. Makes Good on Promise to Pursue Apps That Don’t Comply With the State’s Privacy Policy Law
By: Julie O'Neill
On October 30, 2012, California Attorney General Kamala Harris announced that her office would begin notifying the developers of as many as 100 mobile apps that their apps do not comply with the state’s Online Privacy Protection Act (OPPA) and that they have 30
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November 01, 2012 - Terms of Use, Litigation
That’s a Wrap: Nguyen v. Barnes & Noble
Website operators often take for granted the enforceability of their websites’ terms of service. In a recent order issued in a case from the Central District of California, Nguyen v. Barnes & Noble, Inc. , Judge Josephine Tucker reminds us that such presumptions are
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October 26, 2012 - Trademark, DMCA, Copyright, IP, Litigation
Born to Mock: Trademark Holder’s Fight to Remove Mark on Kitsch Merchandise May Have Broad Legal Implications
By: Jessica Kaufman
Popular online marketplace CafePress.com suffered a legal setback recently when a U.S. District Court in the Southern District of New York denied CafePress’s motion for summary judgment against claims of trademark infringement. CafePress operates an online “print on demand” service that allows users to
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September 28, 2012 - Privacy, Employment Law
New California Law Limits Employer Access to Employee Social Media Accounts
On September 27, 2012, California Governor Jerry Brown signed a bill that restricts employer access to the “personal social media” of employees and applicants for employment. Assembly Bill 1844 (“AB 1844”) adds to the California Labor Code new section 980. Under this section, an
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September 10, 2012 - FTC, Privacy
FTC Issues Guidance for Mobile App Privacy and Advertising; Signals More Enforcement Coming
On September 5, 2012, the Federal Trade Commission (FTC) published a brief guide to assist developers of mobile applications, both large and small, in complying with truth-in-advertising, privacy, and data security principles. In publishing this advice, the FTC makes clear that its Section 5
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